Regulation - Minister

Regulations under the Planning Act Regarding Municipal Empowerment - Northern

Regulation Number(s):
Instrument Type:
Regulation - Minister
Bill or Act:
Planning Act
Summary of Decision:
1) O. Reg. 5/17 Exemption from Approval (Official Plan Amendments)

O. Reg. 5/17 amends O. Reg. 525/97 (Exemption from Approval (Official Plan Amendments)). The amendment exempts the following municipalities from the requirement to obtain the Minister's approval of official plan amendments:
-East Ferris
-Kirkland Lake
-Matachewan
-Red Lake
-Ear Falls
-Marathon
-Machin
-Nipigon
-Terrace Bay
-Moonbeam

O. Reg. 5/17 came into force on February 1, 2017.

2) O. Reg. 6/17 (Approval Authority - Plans of Subdivision)

O. Reg. 6/17 amends O. Reg. 353/02 (Approval Authority - Plans of Subdivision). The amendment gives the councils of the following municipalities the power to approve subdivision and condominium applications within their geography:
-East Ferris
-Kirkland Lake
-Matachewan
-Ear Falls
-Marathon
-Machin
-Nipigon
-Terrace Bay
-Moonbeam

O. Reg. 6/17 came into force on February 1, 2017.

3) O. Reg. 7/17 (Consent Granting Authority) and related regulations

O. Reg. 7/17 amends O. Reg. 354/02. The amendment provides the following municipalities with the authority to approve consent applications and the authority to make decisions on related matters (approvals of foreclosures and exercises of powers of sale under subsection 50(18) of the Planning Act and validation certificates under section 57 of the Planning Act):
-Matachewan
-Terrace Bay

The amendment and O. Reg. 8/17 which made consequential amendments to O. Reg. 136/95 (Delegation of Authority of Minister to Give Consents) provides the following municipalities, which already had the authority to approve consent applications, with the authority to make decisions on related matters (approvals of foreclosures and exercises of powers of sale under subsection 50(18) of the Planning Act and validation certificates under section 57 of the Planning Act):
-East Ferris
-Kirkland Lake
-Marathon
-Nipigon

O. Reg. 7/17 and O. Reg. 8/17 came into force on February 1, 2017.
Further Information:
Proposal Number:
16-MMA029
Posting Date:
November 16, 2016
Summary of Proposal:
The Ministry of Municipal Affairs is proposing to amend regulations under the Planning Act to empower certain municipalities in relation to three areas of land use planning authority:

1) Exemption from Approval - Official Plan Amendments

The Minister of Municipal Affairs (MMA) is proposing to amend Ontario Regulation 525/97 (Exemption from Approval - Official Plan Amendments) under the Planning Act in order to exempt certain municipalities from the requirement to obtain the Minister's approval of official plan amendments.

The proposed amendment would identify the following ten municipalities which have up-to-date official plans as being exempt from the requirement to obtain the Minister's approval of their official plan amendments:

-East Ferris
-Kirkland Lake
-Matachewan
-Red Lake
-Ear Falls
-Marathon
-Machin
-Nipigon
-Terrace Bay
-Moonbeam

It is proposed that the regulation would exempt from the Minister's approval official plan amendments of the identified municipalities commenced on or after January 1, 2017.

2) Approval Authority - Plans of Subdivision

The Minister of Municipal Affairs is proposing to amend Ontario Regulation 353/02 (Approval Authority - Plans of Subdivision) under the Planning Act in order to make certain municipalities approval authorities under sections 51 and 51.1 of the Act. This would have the effect of giving the councils of these municipalities the power to approve subdivision and condominium applications within their geography.

The proposed amendment would provide this authority to nine municipalities which have up-to-date official plans, namely:

-East Ferris
-Kirkland Lake
-Matachewan
-Ear Falls
-Marathon
-Machin
-Nipigon
-Terrace Bay
-Moonbeam

It is proposed that the identified municipalities would receive their new authority on January 1, 2017.

3) Consent Granting Authority and Related Authorities

The Minister of Municipal Affairs is proposing to amend Ontario Regulation 354/02 (Consent Granting Authority) under the Planning Act and make consequential amendments to O. Reg. 136/95 (Delegation of Authority of Minister to Give Consents) under the Planning Act in order to provide that certain municipalities which have the authority to approve consent applications also have the authority to make decisions on related matters. These related matters are approvals of foreclosures and exercises of powers of sale under subsection 50(18) of the Planning Act and validation certificates under section 57 of the Planning Act.

The proposed amendment would provide the new authority to six municipalities which have up-to-date official plans, namely:

-East Ferris
-Kirkland Lake
-Matachewan
-Marathon
-Terrace Bay
-Moonbeam

It is proposed that the identified municipalities would receive their new authority on January 1, 2017.

Purpose of Regulations:
The Province is committed to a sound, efficient and effective planning system that enhances local autonomy and streamlines decision-making on planning applications.

These proposed regulations would empower the relevant councils as the planning approval authorities for all planning applications within their municipalities.

Other Information:
This initiative reinforces MMA's commitment to ensuring that decisions are made at the local level by municipalities that have up-to-date official plans consistent with the Provincial Policy Statement (PPS) 2014.
Contact Address:
Victoria Kosny
Manager, Community Planning and Development
Ministry of Municipal Affairs
Municipal Services Office - North (Thunder Bay)
Suite 223, 435 James St S
Thunder Bay, ON
P7E 6S7
Effective Date:
February 2, 2017
Decision:
Approved